Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1887-03-04


| had decided to accept the option given
| him by the prosecution and have all the
cases continued on bail except that
against Elijah Magoon, who had his wit
nesses present, The following Jury was
empannelled NJ. NJ. Fargo, w. b. Nichols.
G.. w. TAFT, l.. a. Drew, Isaac Harris, II
h. Thompson, Edward Brownell, Harry
Ross, Watson Cady, n. H, Wilson, Phil
etus Teachout, Thomas Rutter The re
mander of the jury were excused till Q
this morning.
The district attorney stated to the Jury
that there was but one count in the in
dictment against the respondent under
which the prosecution expected to prove
him guilty of Illicit dlstilling in December
last i'll Corinth.
&. l.. Spear, of Montpelier, collector
of internal revenue, testified that the re
spondent had not filed bond with him as
required by law.
Loren Magoon who was the next wit
ness testified that he had seen the re
spundent running a still at the residence
OF Moses Magoon in Corinth. Silas and
Moses were helping. 1t was not his stil
nor the one that was run at his home on
the King place. On cross examination
witness said he did not see Elijah do any
thing except to put some wood in the
stove under the boiler.
Herbert Clalin said that one day as he
was coming from Chelsea he stopped at
running Elijah and Loren Magoon were
also there. On cross examination witness
said the boiler was copper, could not say
that he saw any one do any thing but
thought they were all at work about the
still.
Mrs. Herbert Clahin testified that she
went TO the residence of Moses Magoon
with her husband some time last DeCem-
Der /; Il still was running. Witness saw
Elijah putting flour paste around the
cover to keep the steam in. Moses was
putting wood ia the stove.
Clinton French of West Topsham testi-
fled that he was at the residence of Moses
Magoon last December. Could not say
that he saw Il still, but there was boiler
on the stove connected with barrel by a
pipe. Witness got Il pint of brandy and
paid Elijah 40 cents for it.
On discrimination witness said he
was buying fur asked Loren if they had
that there was not he asked if they had
anything to drink. Loren said he would
ask Elijah.
Mrs. Loren Magoon said that while she
and her husband were at Moses Magoon's
last December still was running and
Elijah told Silas to be careful of the pipe
as he did not want it jammed so she sup
posed Elijah owned the still.
On crosS-eXamination she testified that
she did not stand in fear of her husband
At this point the prosecution rested
The first witness for the defence was
Cortes Avery. Moses Nagoon worked
for him the Goth and Dist of December last
Mrs, Herbert Clatlln also helped him and
during this time he did not see Elijah at
Moses's house. Could have smelled the
smoke if there had been sitting of cider
going on. Fixed dates by diary, which
showed that whereabouts of persons inter
ested were essentially rs claimed by the
prosecution.
On cross-eXamination witness said that
there might have been a still at the resi-
dence of Moses without his knowing it,
Never saw one there, but had heard rumors
to that effect.
Elijah Magoon, the respondent, was the
next witness,aged AZ. Never owned a still,
nor had an interest in one. Never saw
still at Moses's house. He made Is bar
rels cider last fall and sold all but or 10,
most of which was now in his cellar.
Never knew Clinton French until he saw
him in court
On the cross-eXamination witness claim
ed that he never saw Il still running or
saw any distilled. Lived about quarter
of "A mile from Moses. Was on friendly
terms With him, but never went there
ottener than once in two or three weeks.
Lorenzo ID, Heath lived about a mile
from Elijah MagOon never saw any in
dications of his distilling cider, and his
reputation was as good as the average.
4 recess was taken until Z p. m.
AT the opening of the evening session
Loren MagOon was recalled and testified
that he did not own or have custody of
still in December.
Edison Magoon said he was at Moses
Magoon's at the time Loren and Clahin
were there, and there was no still there
then
On cross-eXamination witness said Elijah
built cider mill about Nov. |.
Sias and VIM. Magoon, Charles and NJ.
c. Avery and A. G. Kenyon testified in be
half of the respondent, all denying his
guilt.
Moses Magoon denied that he ever had
a still in his kitchen or any where in his
house. He remembered one time when
Loren and mis- wife came there after hav-
ing had a quarrel. He had some cider in his
cellar during December He had two
casks but had no hard cider then. On
cross examination the witness said he
never saw still running. Did not think
he would recognize one If he should see
it running.
Mrs. Avery, Elijah's sister, testified that
she had lived with the respondent three
years and she had never seen any signs of
illegal dlstilling. This closed the evidence
j. a. Brown, Esq, made the opening
argument for the defence. He thought
the case was too strong to need any
remarks at length. The defence had
tlleu W SET up lne respondent 3 previous
good character III his behalf But this
would not have any weight, business men
OF 40 years excellent standing had often
yielded suddenly TO temptation. He then
gave an excellent summary of the evidence
against the respondent.
L. a. Heath of Montpelier argued in be
half of the respondent. He referred to
the necessity of overcoming the presump-
tions in favor of the respondents limo
cence. He then compared the character
of the witness and to the suspicious man
ner of the witnesses for the prosecution
He argued that the good character of the
accused always argued in his favor.
District Attorney Haskins closed for
the prosecution. He said the good char
acter of the respondent had been urged in
his behalf but he had been convicted of
selling liquor, and it made no difference
what positions of honor he may have
held Why should the family shun
the house of Moses Was it not be-
cause that they would have to admit their
connection with the case : What more
natural than that Loren should have
helped them set up the still at Elijah
house as he testified, since he was the